SB657 HFA Doyle 2-21
Delegate Doyle moves to amend the bill on page 3, Section 9. Lines 56 and 57, by striking out subsection (i) in its entirety and inserting in lieu thereof, the following:
“(i) Upon approval of the application for tourism development project by the development office, the development office shall send notice to the county commission of the county where the municipality is located or if the municipality is located in two counties, the county where the project or a majority of the area of the project is located. Upon receipt of notice, the county commission shall cause an election to occur within 90 days in the municipality where the proposed tourism development project is located, as provided for in subsection (r) of this section. Upon receipt of certification from the Secretary of State’s office that the majority of voters of the municipality have approved the tourism development project, the development office shall initiate the project.”
On page 7, section 9, line 146, by inserting a new subsection, to read as follows:
(r) (1) Upon the authorization of the project by the development office pursuant to subsection (i), the development office shall immediately notify the Office of the Secretary of State and the County Commission where the project is located stating that the development office has approved the project. The County Commission, with assistance from the Secretary of State shall administer a municipal referendum election within 90 days of receipt of notice for the purpose of allowing the voters of the municipality to vote to authorize or disapprove the project.
(2) The Secretary of State shall promulgate legislative and emergency rules by July 1, 2020, pursuant to §29A-3-1 of this code, establishing the procedures for conducting the election. The Secretary of State shall assist the County Commission in conducting the election, and the County Commission shall utilize necessary staff to administer the election on a day designated by the Secretary of State.
(3) The ballot, or the ballot labels where voting machines are used, shall have printed thereon substantially the following:
"The West Virginia Development Office has authorized a development project __________ that will allow to designate a “tourism development district” that is qualified to receive a sales tax credit under the West Virginia Tourism Development Act which allows the owner of the project to receive a income tax credit against any state sales tax collected.
If adopted, (name of municipality) will be restricted from regulating the project area of the city as follows:
1) The city is prohibited from enforcing municipal zoning, historic preservation, horticultural, noise, viewshed, lighting, development, or land use ordinances, restrictions, limitations, or approvals;
(2) The city is prohibited from all regulation of the sale of alcoholic liquor, nonintoxicating beer, or wine for consumption within the tourism development district;
(3) The city is prohibited from enforcing municipal building permitting, inspections, or fire or building code enforcement;
(4) The city is prohibited from enforcing municipal license requirements; and
(6) The city is prohibited from the implementation of any tax, fee, or charge by the municipality, except as specifically provided in this section.
However, if approved, the project will (the Development Office will provide a brief summary of the purpose of the project and any benefits of the project to be inserted here).
/ / For the project
/ / Against the project
(Place a cross mark in the square opposite your choice.)"
If a majority of the legal votes cast upon the question is against the economic development project, then the development office shall not proceed any further with the application. If a majority of the legal votes cast upon the question is in favor the tourism development district is authorized.
Re-lettering exiting subsection (r) as subsection (s).